Articles Posted in DUI/OVI vehicular homicide and vehicular assault

School-Zone-Sign-200x300As a community, we want to protect children. For that reason, some criminal laws in Ohio have increased penalties when the prohibited conduct affects juveniles. One such proposed law is currently before the Ohio General Assembly. If passed, the bill would enhance some vehicular offenses which occur in an active school zone and raise penalties for other traffic offenses which occur in a school-adjacent sector.

Aspen Runnel’s Law

The proposed legislation is House Bill 203, known as Aspen Runnels’ Law. The Bill was prompted by two crashes involving students walking to and from school in Ohio’s Lakota Local School District. One of those students, Aspen Runnels, died after being struck by a vehicle in a crosswalk in 2024. In response, Ohio Representatives Thomas Hall and Josh Williams introduced House Bill 203.

Golf-CartThe Ohio laws prohibiting Vehicular Homicide and Vehicular Assault only apply if certain vehicles are used in the commission of the offense. For example, someone who causes the death of another person while riding a bicycle under the influence cannot be convicted of Aggravated Vehicular Homicide because ‘bicycle’ is not a vehicle listed in the statutes. The list of applicable vehicles has changed over the last couple years and will soon change again.

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Ask-a-Lawyer-with-Steve-Sleeper-ThumbnailI was recently interviewed by Steve Sleeper for his ‘Ask a Lawyer’ Podcast. We discussed topics related to my career as a criminal defense lawyer and DUI/OVI defense lawyer in Columbus, Ohio. Steve asked some good questions about OVI cases in Ohio, including the OVI investigation, field sobriety testing, and drug/alcohol testing. We also discussed the court process, penalties, and possible defenses for Ohio OVIs. It was a pleasure appearing on Steve Sleeper’s podcast: he is a good host with a great voice.

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State-v-Balmer-300x300A driver struck a trooper while the trooper was directing traffic, and the trooper suffered serious injuries. The driver submitted a urine sample, and a urine test showed a concentration of inactive marijuana metabolite above the ‘legal limit’. The driver was charged with and convicted of Aggravated Vehicular Homicide and DUI (called ‘OVI’ in Ohio). The Ohio Supreme Court ultimately concluded operating a vehicle with a prohibited concentration of inactive marijuana metabolite can be a proximate cause of serious physical harm.

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Withdraw-Guilty-Plea-from-ATM-300x200An Ohio man pled guilty to Aggravated Vehicular Homicide and other charges. A few days before the sentencing was to be held, the defendant hired a new lawyer and filed a motion to withdraw his guilty plea. The judge held a hearing and denied the motion. The defendant pled guilty and was sentenced to eight years in prison. The defendant recently appealed the judge’s decision to Ohio’s Third District Court of Appeals.

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Blood-sample-300x202The defendant in an Ohio Vehicular Homicide/Vehicular Assault case filed a motion to suppress the results of his blood test.  Blood test results may be suppressed for various reasons.  In this case, the defendant argues the blood test did not comply with the requirements of the Ohio Revised Code and the Ohio Administrative Code.

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Expert-witness-report-300x200A recent appellate case involves two legal issues which are often litigated in Vehicular Homicide and Vehicular Assault cases in Ohio.  The first issue is the admissibility of expert witness testimony.  The second issue is whether the jury should be instructed about the option of finding the defendant guilty of a lesser offense. The case is State v. Horst.

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State-v-Yuran-300x277A former Pennsylvania state trooper was involved in a two-vehicle automobile crash, and the driver of the other vehicle died as a result.  The former trooper, Joseph Yuran, was charged with Aggravated Vehicular Homicide as a second-degree felony and Operating a Vehicle under the Influence (OVI).  Yuran pled guilty to those charges, and the judge imposed a prison term of 7 years to 10.5 years.  Yuran appealed the sentence to the 11th District Court of Appeals, claiming the sentence was unlawful.

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Legislation-Changes-300x135The law governing DUI (called ‘OVI’ in Ohio) is going to change. House Bill 37, signed by Governor Mike DeWine, becomes law on April 9, 2025. The legislation changes four separate areas of law: (1) Driving privileges and ignition interlock devices for OVI license suspensions; (2) Financial penalties for OVI convictions; (3) Oral fluid testing in OVI cases; and (4) Aggravated Vehicular Homicide penalties when a defendant has prior OVI convictions. This article addresses the changes in that order.

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Truck-on-Freeway-in-Rain-300x300According to this news article, a truck driver lost control of his truck, collided with four other vehicles, and caused the deaths of three people.  The truck driver was charged with three counts of Aggravated Vehicular Homicide, three counts of Vehicular Manslaughter, and three counts of DUI (called ‘OVI’ in Ohio).  Why was the truck driver charged with multiple offenses, and can he be sentenced on all the charges?

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